When Clinton was impeached, it was for lying under oath to a grand
jury, not for the conduct his lying was intended to cover. Republicans
contended that lying is lying, that lying about anything under oath
rose to the level of an impeachable offense. Democrats tried to define
such lying outside the scope of what the Founders had intended in
prescribing such a penalty for "high crimes and misdemeanors,"
contending that lying about immoral sexual behavior was not only
expected, but was no more serious than ripping that do-not-remove tag
off your mattress.

Indeed, perjury seems to stand alone in the criminal code as void of
nuance and void of a hierarchy of heinousness. Why is that? We have
1st degree murder, 2nd degree, manslaughter, murder with special
circumstances, negligent homicide, and killing in self-defense, all
carrying different sentencing guidelines, even though the end result
is the same, a dead human being. The same goes for the offense of
robbery--a hierarchy of kinds and a proportionate hiererchy of
penalties for conviction.

What is there about perjury that has not admitted to a similar
hierarchy? Why is the subject about which one is found to be lying not
a factor in the penalty phase? Do you think it should be, and if not,
why not?

---

Clarification of Question by nautico-ga on 18 Jul 2004 13:06 PDT

Perjury, not purjury (I am soooo embarrassed!).

Some states, such as New York, have "degrees" of perjury:

"S 210.05 Perjury in the third degree.
  A person is guilty of perjury in the third degree when he swears
falsely.
  Perjury in the third degree is a class A misdemeanor.

S 210.10 Perjury in the second degree.
  A person is guilty of perjury in the second degree when he swears
falsely and when his false statement is (a) made in a subscribed written
instrument for which an oath is required by law, and (b) made with
intent to mislead a public servant in the performance of his official
functions, and (c) material to the action, proceeding or matter
involved.
  Perjury in the second degree is a class E felony.

S 210.15 Perjury in the first degree.
  A person is guilty of perjury in the first degree when he swears
falsely and when his false statement (a) consists of testimony, and (b)
is material to the action, proceeding or matter in which it is made.
  Perjury in the first degree is a class D felony."

http://caselaw.lp.findlaw.com/nycodes/c82/a50.html

Pink,

Now why didn't I know that?!

>> Now why didn't I know that?!

The only reason I knew that some states have "degrees" of perjury is
because my state (Oklahoma) has no such distinctions of law, and I
once had an interesting conversation at a New Year's Eve party about
this.

Probably you didn't know this because you weren't at the party. ;-)

Pink,

Next time invite me!!